Summary
The United States District Court for the Western District of Michigan approves and adopts a magistrate judge’s Report and Recommendation concerning Defendant’s motion to compel arbitration. The Court holds that Plaintiff failed to establish a genuine issue of material fact regarding formation of the electronic arbitration agreement and rejects her arguments that the agreement was unenforceable. The motion to compel arbitration is granted, and the case is stayed pending arbitration.
Holdings
- Plaintiff failed to present specific facts creating a genuine issue of material fact concerning formation of the arbitration agreement.
- No evidentiary hearing was required because Plaintiff did not establish a genuine issue of material fact regarding contract formation.
- Plaintiff failed to demonstrate that the arbitration agreement was unconscionable or otherwise unenforceable.
- The motion to compel arbitration was granted, Plaintiff was ordered to proceed with her claims under the arbitration agreement, and the action was stayed pending completion of arbitration.
Questions Presented
- Whether Plaintiff presented sufficient evidence to place the formation of the arbitration agreement in issue under the Federal Arbitration Act.
- Whether Plaintiff was entitled to an evidentiary hearing concerning formation of the arbitration agreement.
- Whether the arbitration agreement was unenforceable as unconscionable or otherwise invalid.
- Whether the action should be compelled to arbitration and stayed pending completion of arbitration.
Disposition
other
Cases Cited (11)
- Boykin v. Fam. Dollar Stores of Michigan, LLC, 3 F.4th 832, 835, 838-39 (6th Cir. 2021)(followed)
- Hall v. Pac. Sunwear Stores Corp., 2016 WL 1366413, at *5-*6 (E.D. Mich. Apr. 6, 2016)(followed)
- Martyn v. J.W. Korth & Co., No. 1:11-CV-407, 2011 WL 2144618, at *2 (W.D. Mich. June 1, 2011)(followed)
- Viet v. Le, 951 F.3d 818, 823 (6th Cir. 2020)(followed)
- Hammond v. Floor and Decor Outlets of America, No. 3:19-cv-1099, 2020 WL 6459642, at *6, *9 (M.D. Tenn. Nov. 3, 2020)(followed)
- Odell v. Kalitta Air, LLC, 107 F.4th 523, 533 (6th Cir. 2024)(followed)
- Walker v. Ryan's Family Steak Houses, Inc., 400 F.3d 370, 381 (6th Cir. 2005)(followed)
- Schnaudt v. Johncol, Inc., No. 2:15-CV-2619, 2016 WL 5394195, at *4 (S.D. Ohio Sept. 27, 2016)(followed)
- Bryant v. GMAC Mortgage Corp., No. 5:02-cv-51, ECF No. 49 (W.D. Mich. Jan. 30, 2003)(followed)
- Dombrowski v. City of Omer, 502 N.W.2d 707, 710 (Mich. Ct. App. 1993)(followed)
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Cited In (0)
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Court Document
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